Jurnal Online Universitas Pekalongan
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Legal Certainty Of The Time Frame For The Issuance Of Electronic Mortgages
Get PDFThe mortgage right is the only guarantee institution for land rights, regulated in the Basic Agrarian Law (UUPA) of 1960 until the enactment of the Mortgage Law (UUHT) in 1996. Since then, there has been no new regulation at the level of law that specifically governs mortgage rights. In its development, the process of registering collateral, which was initially done manually, has now transformed into an electronic system, known as electronic collateral. Based on the UUHT, the issuance of mortgage rights is regulated on the seventh day after registration, and this also applies to electronic mortgage services. However, with the issuance of Government Regulation Number 18 of 2021, one of its articles stipulates that the issuance of the mortgage right can occur before the seventh day. The difference regarding the issuance time causes a lack of synchronization between the regulations governing the Mortgage Rights. This research uses a doctrinal method, which focuses on the analysis of statutory regulations. This paper will discuss the differences between manual and electronic mortgage registrations, as well as the legal certainty regarding the issuance period of electronic mortgages following the enactment of Government Regulation Number 18 of 2021.  
Analysis Of Electronic Credit Agreements Related To Peer-To-Peer Lending Signed Electronically Using The Director\u27s Personal E-sign Account Without An Electronic Seal
Get PDFPeer-to-peer lending (hereinafter referred to as "P2P Lending") is the provision of funding services that brings together lenders and borrowers through an internet-based electronic system. Since it was officially regulated in Indonesia at the end of 2016, the use of P2P Lending has continued to grow rapidly and has become an important part of the financing ecosystem in Indonesia. Until early 2025, the amount of debt Indonesian citizens obtained through P2P Lending platforms was recorded to have increased significantly to reach trillions of rupiah. In the implementation of P2P Lending, Article 154 of the Financial Services Authority Regulation Number 40 of 2024 on Information Technology-Based Joint Funding Services stipulates that credit agreements between the lender and borrower must be signed electronically. An electronic signature ("E-sign") serves to guarantee the identity, integrity, and non-repudiation of the agreement. Further on the legal developments, Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, which is strengthened by Law Number 1 of 2024 concerning the Sec ond Amendment to Law Number 11 of 2008 concerning Information and Electronic Transactions introduces the concept of an electronic seal. This electronic seal serves to guarantee the origin, integrity, and completeness of electronic information or documents, specifically those used by business entities or institutions. Based on these developments, this study seeks to examine the impact of not using an electronic seal in a P2P Lending credit agreement, especially in cases where the recipient of funds and/or the lender is a business entity, and the agreement is only signed using the Director\u27s personal E-sign account. This study uses a normative legal method with a statutory approach, to analyze: (1) the validity of P2P Lending credit agreements without electronic seals, and (2) the evidentiary power of the credit agreement, especially in the event of a dispute between the lender and the borrower.  
The Concept of Restitution as Legal Accountability in the Crime of Human Trafficking
Get PDFIndonesia as a country that has problems in human trafficking, not only functions as a country of origin (source) and transit point for international human trafficking, but also as a country that receives victims. The increasing number of workers that is not accompanied by the availability of employment opportunities is a very complex problem to overcome. This research is a normative legal research, namely a legal study that positions law as a structured norm system. In Indonesian legal regulations, it has been regulated in Law No. 21 of 2007 concerning the Eradication of Criminal Acts of Human Trafficking related to legal accountability for criminal acts of human trafficking. This law also regulates the rights of victims to receive medical and social rehabilitation, repatriation, and reintegration that must be provided by the state, especially for those who experience physical, psychological, and social suffering due to the crime of human trafficking. Restitution prioritizes the perpetrator\u27s responsibility for the impacts caused by the crime. Therefore, the main target is to handle all losses experienced by the victim
Legal Consequences of Electronic Trial at the State Administrative Court
Get PDFElectronic trials apply a series of actions using the sophistication of digital technology ranging from complaint services to the trial process. The pattern of electronic trials is problematic because the electronic trial system can experience obstacles originating from network devices or internet network systems. In this study, a normative legal approach or library law is also used, namely legal research conducted by examining library materials or secondary data. Research or normative legal literature includes the legal force of electronic trials in state administrative courts, and the legal consequences if electronic trials are not held. Based on this research, it can be concluded that if the trial is not carried out, the trial process can be considered invalid or not in accordance with procedures. This can result in the verdict taken in the electronic trial being null and void which results in the electronic trial being transferred to a conventional trial.Persidangan secara elektronik menerapkan serangkaian tindakan dengan menggunakan kecanggihan teknologi digital mulai dari layanan pengaduan sampai kepada proses persidangan. Pola Persidangan secara elektronik menimbulkan problematik karena sistem persidangan elektronik dapat mengalami kendala yang berasal dari perangkat jaringan atau sistem jaringan internet. Dalam penelitian ini juga menggunakan pendekatan hukum normatif atau hukum perpustakaan, yaitu penelitian hukum yang dilakukan dengan memeriksa bahan perpustakaan atau data sekunder. Penelitian atau literatur hukum normatif meliputi kekuatan hukum persidangan elektronik di pengadilan tata usaha negara, dan akibat hukum apabila persidangan secara elektronik tidak dilaksanakan. Berdasarkan penelitian ini, dapat disimpulkan bahwa persidangan secara elektronik jika tidak dilaksanakan maka proses persidangan tersebut dapat dianggap tidak sah atau tidak sesuai prosedur. Hal ini dapat mengakibatkan putusan yang diambil dalam persidangan elektronik tersebut menjadi batal demi hukum yang mengakibatkan persidangan secara elektronik dialihkan ke persidangan secara konvensional.
 
Emil Law Enforcement Of Fishery Crimes By Corporations In Indonesia: Law Enforcement Of Fishery Crimes By Corporations In Indonesia
No full textThis article aims to enforce the law on criminal acts of fisheries by corporations in Indonesia. Fisheries is a leading sector for the Indonesian economy, but there are often violations of the law committed by corporations in their fisheries activities, so that law enforcement against criminal acts of fisheries by corporations in Indonesia has complex challenges. This study uses normative legal research, which refers to applicable legal regulations and binds the surrounding community. This study formulates critical questions about the legal regulation of criminal acts of fisheries by corporations in Indonesia and also the implementation of law enforcement of criminal acts of fisheries by corporations in Indonesia. Increasing cooperation between government law enforcement agencies and civil society is important to overcome existing challenges and ensure the sustainability of fisheries resources in Indonesia.This article aims to enforce the law on criminal acts of fisheries by corporations in Indonesia. Fisheries is a leading sector for the Indonesian economy, but there are often violations of the law committed by corporations in their fisheries activities, so that law enforcement against criminal acts of fisheries by corporations in Indonesia has complex challenges. This study uses normative legal research, which refers to applicable legal regulations and binds the surrounding community. This study formulates critical questions about the legal regulation of criminal acts of fisheries by corporations in Indonesia and also the implementation of law enforcement of criminal acts of fisheries by corporations in Indonesia. Increasing cooperation between government law enforcement agencies and civil society is important to overcome existing challenges and ensure the sustainability of fisheries resources in Indonesia.
 
An Analysis of the Implementation of Good Governance Principles in the Management of Village-Owned Enterprises (BUMDes): A Case Study in Sabungan Village, Sipahutar District, North Tapanuli Regency
Get PDFThis study aims to analyze the implementation of Good Governance principles in the management of the Village-Owned Enterprise (BUMDes) in Sabungan Village. The implementation of Good Governance is assessed through five sub-indicators: (1) Transparency, (2) Accountability, (3) Community Participation, (4) Efficiency and Effectiveness, and (5) Rule of Law.The research uses a Mixed Method approach with a Sequential Explanatory Design (quantitative followed by qualitative explanation). The study involved 92 respondents for the questionnaire and 13 informants selected through purposive sampling. Data collection techniques included questionnaires, interviews, and documentation. The validity of quantitative data was tested using validity and reliability tests, while qualitative data was validated using source triangulation. The quantitative findings indicate a high level of implementation of Good Governance principles in the management of BUMDes in Sabungan Village. The most strongly implemented principle was Accountability, with a percentage of 22.65% and 36.96% of respondents agreeing. In contrast, the lowest was Community Participation, with 18.05% and 28.70% agreement. The qualitative results revealed several challenges and strategies. The challenges include:(1) Limited capital in the management of BUMDes Martabe in Sabungan Village and its implications for business development,(2) Lack of public understanding of regulations in the use of BUMDes Martabe facilities, and(3) Non-compliance of some community members in repaying loans to BUMDes, reflecting low awareness levels. The proposed strategies to enhance the effectiveness and sustainability of locally-based BUMDes are:(1) Strengthening capital through deliberation and collective approaches,(2) Efforts to create transparent and equitable governance, and(3) Improving loan repayment compliance through the integration of local wisdom in BUMDes management, such as incorporating local values in various social and economic aspects. In this context, Batak social systems are emphasized, including:(1) Marsidapari (mutual cooperation in BUMDes management),(2) Marsipature Hutanabe (building the hometown together), and (3) Dalihan Na Tolu (a harmonious social structure)
The Actualization of Islamic Communication in Muslim Families: Perspectives from Exemplary Households and the Practice of Polygamy
Get PDFCommunication within the family constitutes a fundamental pillar in fostering domestic harmony, particularly within Muslim households that are grounded in Islamic values. This article aims to analyze how the principles of Islamic communication are actualized in family life, focusing on two central themes: the ideal model of a family and the practice of polygamy. Employing a qualitative-descriptive approach based on Islamic literature and family sociology, this study explores key principles of Islamic communication, such as qawlan sadīdan (truthful speech), qawlan ma‘rūfan (kind speech), and qawlan layyinan (gentle speech), within the relational dynamics of spouses and family members. In examining the case of polygamy, the article addresses the tension between normative religious teachings and practical realities, highlighting the communicative challenges that often arise in such familial contexts. The findings suggest that the effective actualization of Islamic communication is significantly influenced by the level of religious understanding, local cultural norms, and gender sensitivity. In conclusion, Islamic communication within the family is not merely rhetorical; it is an ethical praxis capable of shaping the family into a harmonious, just, and spiritually enriched social institution.Communication within the family constitutes a fundamental pillar in fostering domestic harmony, particularly within Muslim households that are grounded in Islamic values. This article aims to analyze how the principles of Islamic communication are actualized in family life, focusing on two central themes: the ideal model of a family and the practice of polygamy. Employing a qualitative-descriptive approach based on Islamic literature and family sociology, this study explores key principles of Islamic communication, such as qawlan sadīdan (truthful speech), qawlan ma‘rūfan (kind speech), and qawlan layyinan (gentle speech), within the relational dynamics of spouses and family members. In examining the case of polygamy, the article addresses the tension between normative religious teachings and practical realities, highlighting the communicative challenges that often arise in such familial contexts. The findings suggest that the effective actualization of Islamic communication is significantly influenced by the level of religious understanding, local cultural norms, and gender sensitivity. In conclusion, Islamic communication within the family is not merely rhetorical; it is an ethical praxis capable of shaping the family into a harmonious, just, and spiritually enriched social institution
The Authority of the Selection Working Group in the Implementation of the Direct Appointment Method in the Procurement of Consulting Services: A Legal Perspective at the Palembang Aviation Polytechnic
Get PDFProcurement of goods and services in the public sector requires special attention to compliance with applicable laws and regulations, especially in terms of implementing procurement methods. One method used is direct appointment, which allows the Selection Working Group to appoint service providers without going through an open auction, with certain conditions. This study aims to analyze the authority of the Selection Working Group in implementing direct appointment in the procurement of consulting services at the Palembang Aviation Polytechnic, as well as to examine its implementation from the perspective of applicable law. This study uses a normative legal method with a statutory approach and case studies, involving an analysis of related laws and regulations, procurement documents, and interviews with related parties. The results of the study indicate that although direct appointment can be applied under certain conditions, its implementation at the Palembang Aviation Polytechnic often experiences obstacles in terms of transparency and accountability. This study also found that the authority of the Selection Working Group needs to be strengthened with stricter supervision to ensure that legal principles are maintained. The recommendations put forward are the need to improve understanding and training for members of the Selection Working Group and improvements in internal oversight mechanisms to optimize the implementation of procurement in accordance with legal provisions
Analysis of the Preah Vihear Temple Dispute in the Perspective of International Law on the Acquisition of State Territorial Sovereignty
Get PDFThe Preah Vihear Temple dispute between Thailand and Cambodia is one of the most complex examples of border conflicts in Southeast Asia, which have lasted for more than six decades. The dispute stemmed from differences in interpretation of French colonial maps and claims of sovereignty over the area around the temple. The International Court of Justice (ICJ) in 1962 designated the Preah Vihear Temple as part of Cambodian territory, but tensions continued until finally in 2013, the ICJ reaffirmed Cambodia\u27s sovereignty over the entire temple grounds. This study analyzes the dispute from the perspective of international law on the acquisition of territorial sovereignty, highlighting the principles of estoppel, acquiescence, and uti possidetis juris. It was found that settlement through international adjudication mechanisms provides strong legal legitimacy to Cambodia\u27s claims, while affirming the importance of respect for the boundaries of colonial heritage in accordance with the principles of international law. This dispute also highlights the need to protect the world\u27s cultural heritage in the midst of conflicts between countries
Analisis Keputusan 80PDT.G2018PN.DPS Nominee & Perjanjian Penanaman Modal Asing di Indonesia
No full textThis article examines Denpasar District Court Decision No. 80/Pdt.G/2018/PN Dps relating to nominee agreements in collaboration at Bali Restaurants involving foreigners and Indonesian citizens which focuses on problems arising from the existence of a Nominee Agreement in terms of Foreign Investment in Indonesia as well as the application of law in Investment Foreigners comply with the legal certainty of investing, therefore the aim of this article is to provide an overview and analysis of these two aspects. This article uses a normative approach by analyzing secondary data qualitatively. The result of the article is that Decision No. 80/Pdt.G/2018/PN Dps has prohibited the use of Nominee Agreements in Foreign Investment in order to maintain transparency and a fair investment climate. The ruling confirms the Nominee Agreement prohibition for the sake of legal certainty in foreign investment, and the government is committed to regulatory compliance to support sustainable economic development. Therefore, as a legal product, foreign investment is required to comply with Indonesian investment law in accordance with Denpasar District Court Decision No. 80/Pdt.G/2018/PN.DPS, and the judge emphasized the obligation of Foreign Investment to comply with investment law provisions, reflecting the application of legal certainty in investing in IndonesiaArtikel ini mengkaji Putusan Pengadilan Negeri Denpasar No. 80/Pdt.G/2018/PN Dps yang berkaitan dengan perjanjian nominee dalam kerja sama restoran di Bali yang melibatkan warga negara asing dan warga negara Indonesia, dengan fokus pada permasalahan yang timbul akibat adanya Perjanjian Nominee dalam konteks Penanaman Modal Asing di Indonesia serta penerapan hukum dalam Penanaman Modal Asing terkait kepastian hukum berinvestasi. Tujuan artikel ini adalah memberikan gambaran dan analisis terhadap kedua aspek tersebut. Artikel ini menggunakan pendekatan normatif dengan menganalisis data sekunder secara kualitatif. Hasil artikel menunjukkan bahwa Putusan No. 80/Pdt.G/2018/PN Dps telah melarang penggunaan Perjanjian Nominee dalam Penanaman Modal Asing guna menjaga transparansi dan iklim investasi yang adil. Putusan tersebut menegaskan larangan Perjanjian Nominee demi kepastian hukum dalam penanaman modal asing, serta komitmen pemerintah terhadap kepatuhan regulasi untuk mendukung pembangunan ekonomi berkelanjutan. Oleh karena itu, sebagai produk hukum, penanaman modal asing diwajibkan untuk mematuhi hukum investasi Indonesia sesuai dengan Putusan Pengadilan Negeri Denpasar No. 80/Pdt.G/2018/PN Dps, dan hakim menegaskan kewajiban Penanaman Modal Asing untuk tunduk pada ketentuan hukum investasi, yang mencerminkan penerapan kepastian hukum dalam berinvestasi di Indonesia